Saving provisions preserve Customs House Agent licensing eligibility after regulatory , allowing certificate issuance under the new regime.

A candidate who had already passed the written and oral examinations under the Customs House Agents Licensing Regulations, 1984 was treated as retaining that eligibility after the 2004 Regulations came into force, because the successor regime contained saving features preserving steps validly taken under the earlier rules. The court noted no disqualification under the 2004 Regulations and held that the requirement under Regulation 10 could be completed after the certificate was granted. The petitioner was therefore entitled to issuance of the Customs House Agent licence certificate, subject to compliance with Regulation 10 of the 2004 Regulations.

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Issues: (i) Whether a candidate who had passed the written and oral examinations under the Customs House Agents Licensing Regulations, 1984, before the coming into force of the 2004 Regulations, was entitled to a Customs House Agent licence under the new regime.

Analysis: The petitioner had qualified in the examinations conducted under Regulation 9 of the 1984 Regulations. The 2004 Regulations superseded the earlier regime but contained saving features preserving actions already taken under the old regulations. The Court noted that the petitioner stood on the same footing as candidates whose eligibility had been recognised despite the change in regulations, and the respondents were unable to show any disqualification under the 2004 Regulations. The requirement under Regulation 10 could be complied with after grant of the certificate.

Conclusion: The petitioner was held entitled to issuance of the necessary certificate granting Customs House Agent licence, subject to compliance with Regulation 10 of the 2004 Regulations.

Final Conclusion: The writ petition succeeded, and the respondents were directed to issue the licence certificate within the stipulated time.

Ratio Decidendi: Where a candidate has already passed the prescribed examinations under the earlier licensing regulations, saving provisions in the successor regulations protect that eligibility and prevent denial of the licence solely because the later regime has come into force.

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